Bill is raised by company in the name of Buyer {Customer} against confirmed order of customer with instrument of payment e.g. cheque and conditions of payment e.g. time limit for payment and interest in case of delayed payment, jurisdiction of courts are settled with customer and are expressed on bill. In majority of the cases goods are supplied by transport and LR is made in the name of company so that company can call for goods in case of non payment. Majority of the companies verify the order from customer. Company keeps itself safe.
Senior management usually does not book order.
Employee is not at all involved in transaction of payment/is not authorized to collect cash, between seller and buyer and payment is credited to a/c of company.
You are aware of the practices of the company.
The stand of the company is wrong but it has become practice of the day by HR, line management who do not hesitate to become executioners of unethical and bad practices.
You are asking for payment of your earned wages.
Employee should record such transactions {audio/visual} and keep some evidence/witness. Employee has to strive to get some handle on employer.
Employee should not limit himself to line management, HR and should not shy from approaching good offices of appointing authority, MD, Chairman, and Company Secretary, in. You may submit minutes of discussion to good offices of the company in writing under acknowledgment, date wise mentioning the name, designation, dept, address of company personnel to whom you have represented, and conclude that there is no reason and logic by which your earned wages and documents can be blocked and seek relief. You need to drill sense into the heads.
A smart employee should keep record in writing and in his favor and apply rapport, goodwill and exceptional levels of persuasion, persistence, negotiation, reasoning skills. Employee should remain amiable and keep channels of communication open.
If god office within the company do not grant relief employee has no other option but to approach good offices of lawful authorities’ and court of law.
Company may yield to legal notice alone.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not.
Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you and bond may be in violation of standing orders of the company.
As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office.
The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.
It shall be appropriate to approach a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.
